Ark. Code Ann. § 5-13-211 (2026)
Aggravated assault upon a law enforcement officer or an employee of a correctional facility
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A person commits aggravated assault upon a law enforcement officer or an employee of a correctional facility if:
- Under circumstances manifesting extreme indifference to the personal hygiene of the law enforcement officer or employee of the correctional facility, the person purposely engages in conduct that creates a potential danger of infection to the law enforcement officer or an employee of any state or local correctional facility while the law enforcement officer or employee of the state or local correctional facility is engaged in the course of his or her employment by causing a person whom the actor knows to be a law enforcement officer or employee of the state or local correctional facility to come into contact with saliva, blood, urine, feces, seminal fluid, or other bodily fluid by purposely throwing, tossing, expelling, or otherwise transferring the fluid or material; or
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He or she knowingly discharges a firearm with a purpose to cause serious physical injury or death to a law enforcement officer or an employee of a correctional facility while the law enforcement officer or employee of a correctional facility is acting within the scope of his or her official duties and the person:
- Is in custody as a result of a felony conviction;
- Is unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction;
- Has a felony conviction for a felony offense which contained as an element the use or threat of violence against another person or the creation of a substantial risk of death or serious physical injury to another person;
- Knowingly creates a substantial risk of serious physical injury or death to a person other than the law enforcement officer or the employee of a correctional facility;
- Causes the death of more than one (1) person;
- Is acting with a purpose to avoid or prevent an arrest or to escape from custody;
- Is acting with a purpose to obtain a pecuniary gain; or
- Is acting with a purpose to disrupt or hinder the lawful exercise of any government or political function.
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Aggravated assault upon a law enforcement officer or an employee of a correctional facility is:
- A Class D felony under subdivision (a)(1) of this section; or
- A Class Y felony under subdivision (a)(2) of this section.
History. Acts 1997, No. 1235, § 1; 2003, No. 1271, § 1; 2011, No. 277, § 1; 2017, No. 367, § 5.
Amendments. The 2011 amendment inserted “a certified law enforcement officer” with minor variations throughout the section; and, in (a) inserted “a person whom the actor knows to be a certified law enforcement officer or,” “purposely,” and “or otherwise transferring.”
The 2017 amendment deleted “certified” preceding “law enforcement officer” in the section heading and throughout the section; redesignated former (a) as the introductory language of (a) and (a)(1); added (a)(2); redesignated former (b) as the present introductory language of (b) and (b)(1); added “under subdivision (a)(1) of this section” in (b)(1); and added (b)(2).
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2003 Arkansas General Assembly, Criminal Law, Assault, 26 U. Ark. Little Rock L. Rev. 365.
Case Notes
Defense.
Motion to dismiss was properly denied with respect to aggravated assault on a correctional facility employee under subsection (a) of this section and first-degree terroristic threatening because voluntary intoxication was not a defense. Also, a jury could have reasonably concluded that appellant purposely caused his saliva to come into contact with an officer; the trial court found that the act of purposefully expelling bodily fluid onto the officer's person satisfied the “potential danger” requirement of the assault offense. Green v. State, 2012 Ark. App. 315, 416 S.W.3d 765 (2012).
Evidence Sufficient.
Deputy's testimony that defendant was infected with AIDS, was angry and violent, threatened to infect him with AIDS, repeatedly spit at him, and at one point successfully spit on him, while he had an open wound on his nose, was sufficient evidence to support defendant's conviction for aggravated assault upon a law enforcement officer. Wright v. State, 2016 Ark. App. 404, 499 S.W.3d 683 (2016).
Evidence Sufficient to Revoke Suspended Sentence.
Defendant's suspended sentence was properly revoked based on committing an aggravated assault upon an employee of a correctional facility in violation of this section because there was ample evidence that he purposely spat on a deputy, resulting in his saliva coming in contact with the deputy under circumstances manifesting an extreme indifference to the deputy's personal hygiene. Foster v. State, 104 Ark. App. 108, 289 S.W.3d 476 (2008).
Information.
Defendant's claim that the state was required to prove the more onerous version of this statute was without merit as he failed to object to the sufficiency of the information before trial; further, defendant's claim could not prevail as he failed to show he was convicted under a statute that was no longer in effect. Barnes v. State, 94 Ark. App. 321, 230 S.W.3d 311 (2006).
Subchapter 3 — Terroristic Threats and Acts
Publisher's Notes. For Comments regarding the Criminal Code, see Commentaries Volume B.
Cross References. Fines, § 5-4-201.
Term of imprisonment, § 5-4-401.
Terrorism, § 5-54-201 et seq.
Effective Dates. Acts 1979, No. 428, § 3: Mar. 20, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that there has been an outbreak of sniping incidents along highways in central Arkansas in recent weeks; that such sniping is a serious danger to persons using the highways; that the criminal penalties for such acts should be increased immediately to discourage further sniping incidents. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1993, Nos. 379 and 388, § 10: Mar. 8, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Attorney General and the Prosecuting Attorneys are in need of specific legislation by which to eliminate stalking and that immediate passage of this act is necessary to protect the public peace, health and safety of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1993, No. 544, § 5: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the definition of “terroristic act” does not include shootings into occupiable structures which have become prevalent in addition to shootings into automobiles which is covered in the definition. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1995, No. 1302, § 8: Apr. 14, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the Attorney General and the Prosecuting Attorneys are in need of specific legislation by which to eliminate stalking and that immediate passage of this act is necessary to protect the public peace, health and safety of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Research References
ALR.
Validity and construction of terroristic threat statutes. 45 A.L.R.4th 949.